Trust Contests

Trust Contests can take a variety of forms, including proceedings to challenge the validity of trusts, to interpret trust provisions, to set aside conveyances to trusts, to impose constructive trusts on express trust assets, and to include or exclude beneficiaries. Many of the same issues that are relevant to will contests arise in attacks on trust instruments, particularly in trust contests alleging lack of capacity, undue influence, fraud, or duress.

Lack of capacity to execute a trust, undue influence, fraud, duress and menace, mistake as a ground for setting aside a trust, and bequest or distribution to a disqualified person are all grounds for attacking a trust.

Trust litigation and probate litigation are conducted within the Probate Division of the Superior Court or Circuit Court of local jurisdiction. The Probate Division for Santa Clara County Superior Court is located at 191 N. First Street, San Jose, CA.

The Law Offices of Dawson G. Crawford can assist you with trust contests in either Santa Clara County Superior Court, San Francisco County Superior Court, Hawaii’s Fifth Circuit Court (Kauai), or other Superior and Circuit Courts within California or Hawaii.